Daily Republican., 1887-05-18
THE SUIT FOR DAMAGES.
A Number of Witnesses Examined fol
the Piaintin--The Case Likely to Con.
tfnuo for Several Dava

A Number of Witnesses Examined for
tinuo for Several Days.
Court reconvened at 8 O'Clock yester-
day afternoon, with all the Judges
prasent Immediately after the opening
the case of Philip Il and Emma A.
CLARK vs.. Henry l.. Churohman WAS
resumed, and John Curtis Clark, who
was on the stand when court took the
noon recess, was recalled and again
cross. examined by Mr.. Higgins.
William h KINNEY testified that he
is an engineer and surveyor. He was
shown plot Of the ground and identi.
fed 1t as one he had made. He exam.
ined the bank in June or July, 1885,
and saw number of small breaks in
the bank. There were q iftsen or twenty
OF these places along the White Clay
creek. The bottom of the cut on the
Christiana was still lower than 1t WAS
on the White Clay creek.
| William B. Smalley testified that he
10 acquainted with the parties in this
suit. He once asked Mr.. Churchman
about the matter, and he answered that
no would not allow Mr.. Clark to Join
bis bank, as that would keep the bapks
Idry, and . dry bank was much less
durable than wet bank. The witness
understood bim to refer to tho cut Ia
the bank on the Ohristiana.
Franklin B. Cotton testified that he Is
dredging contractor, and has been In
the business about 30 years. At present
he 10 the president OF the Atlas Dredg.
ing Com pany. He had contract with
Henry L. Churchman to make q cut In
the bank 80 feet wide aud IA feet deep,
and the work WAS done with the ma.
chinery Of the American Dredg cling
Company. 1t was about ~ feet below
low water. The work WAS done in the
early part of April, 1885.
Alfred p. Lynsm testified that he
knows the parties 10 this suit, aud llves
In the immediate neiehborhcod. He
has lived there 90 years. and can see the
bank from his house. He had q con-
versation with Mr.. Churchman about
the cut In the bank near the Devils
Acre, and he told the witness that he
would never allow Olarks TO Join him
OlArk's land, and cause 1t to be unpro.
duotive Previous to this cut being
made the land was as productive as any
, in the neighborhood.
/ Harvey Lyman testified that the
Iprevious witness Is his father, and thai
he resides ON the farm with him. He
thought the low lands on the CLARK
property was Of more value than oil the
rest Of the farm, before the cut wal
made, but afterwards 1t was valuelesi
for hoy or pasture. He did not know
what the value Of hay was In 1885. h
was on Mr.. Clark's place about twice 9
lyear on an average.
Howard Flynn testified that he knows
Mrs. Clark and Mr.. Churchmap. He
. did not recollect ever having bad any
con versatiou with Mr.. Churchma abou,
cutting the banks, but he had heard
him say that he would not allow CLARK
to join his banks.
Il Alexander Everson testified that b,
. had q conversation with Mr.. Church
man after the cut had been made, ant
he told the witness that he would no
:. allow Mr.. CLARK to join him. He CAV,
VI as res son that II he allowed Mr. Clarl
to Join him in the banks It would keel
them dry aud give the rats and mice |
chanoe TO work.
David Appleby testified thatin March
. 1885, timothy hay was worth $l8 to 81
q ton. The witness is hay dealer, ant
), had hauled hay from Mrs. Clark's farm
ievery yesr from 1875 up to tie TIM
!. Mrs. Clark's son went ON the place
when they did the hauling themselves
'' He could not tell how many tons of hay
}. he had hauled from that place, but wa
Y certain that he had hauled Is much ai
200 tons in o year.
Thomas Appleby testified that he re
,Isides In this county and Is farmer
/ He has raised hay for 20 years, ant
l. finds that 1t costs from 50 to 81 ton Il
3, harvest it from the time the machine
4 started. He lived on the Clark farn
/. one year and found the hay very good
II The meadow contained about 2CO acret
>, aad would produce about two tons
d the acre the first crop, and about one to
d for the second crop. He had about fort
Iapres OF the meadow In pasture, o
(which were lS horses, 8 of which b,
% longed to the Witness the others he n
=: ceived 81 a week for.
D. Edward Estlin testified that he is
l. farmer, and engaged In raising hay. Il
70 lived one year on the Clark farm abou
8, 70 years ago, and estimates the cost {
l. raising hay and bringing 1t to Wi
tmington at So 80 to 81 q ton. The wi
ness had also grown wheat on this lan(
and raised about 500 bushels on
r. acres. He used 40 acres of the land Il
q pasture, and had Is horses and mule
4. Ion 1t. Four of the horses we're thel
ID for pasture, and he received 81 = wee
d for each.
At 6 o'clock Court took a recess unit
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